From July 1 onwards there has been a new rule for California’s Fair Employment and Housing Council (FEHC) that will tell about the protection of individuals from national origin discrimination and will go into effect. The new regulation that has been made is pretty all-encompassing and includes a clear-cut mention of definitions of national origin and national-origin groups. And it also defines the work policies of the employer which governs the language restrictions at the workplace, inquiries regarding the immigration status, height, and weight requirements to work which are permissible and prohibited ones. The new regulation defines national origin. 

What all is National Origin is Comprised of? 

National origin will include and comprise of physical, linguistic, cultural characteristics associated with national origin group. As per National origin discrimination law CA, it also includes marriage to or associations with persons of national origin group. Plus, it comprises of tribal affiliations also. The new rule which defines national origin also includes within its concept membership or association with an organization identified with or seeking to promote the interest of a national group origin, attendance of individuals belonging to a particular race or ethnicity, and their participation in schools, churches, temples, mosques, or other religious institutions, which is generally used by the persons of national-origin groups. And lastly, it includes names that are associated with a national origin group. 

Equal Employment Opportunity Commission – 

There have been various Courts and Equal Employment Opportunity Commission (EEOC) that have provided various kinds of examples of harassment and discrimination based on national origin which is prohibited in California and other states. Some such examples are as follows – harassment of an employee whose husband is in Kazakhstan, refusal to promote an employee because he attends a particular temple or mosque, harassment of a Hispanic person by the employer or harasser who perceived that the individual is a Pakistani, Co-workers who repeatedly refer an employee of Indian descent as, ‘Taliban’ or ‘Arab’, harassment of a Sikh man wearing a turban because the harasser perceived him to be a Muslim. 

English Only Rules is Illegal – 

California law has also prohibited employers to enforce any work policy that prohibits the use of language at the workplace unless it is justified by the business necessity. And the employer has to meet a new third requirement which has to show that the restriction is, ‘narrowly tailored’. Also as per the new regulations, the rule that ‘English only rules’ is illegal. Plus, it has to meet the third test that the rule is justified by business necessity and is narrowly tailored which was effectively explained to the employees. 

Restrictions on Language – 

As per the Fair Employment and Housing Council, employers attempt to restrict the language even during non-working hours like breaks, lunch, unpaid employer-sponsored events, etc. is also illegal and not justified. And as per the new regulations several restrictions have also been placed on practices related to immigration. For instance, an employer cannot make any inquiries related to the immigration of the employee unless there is clear and convincing evidence that such an inquiry is needed to comply with the rules of the federal immigration laws. 

Regarding Height & Weight – 

Plus, the employer cannot discriminate or retaliate against an employee due to his immigration status. Plus, having rules regarding height and weight is also discriminatory, unlawful based on national origin. The rules regarding height and weight have to be justified and should be job-related. For instance, the army requires persons of certain height and weight which is justified.